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sue one scire facias to recover the same, which writ of
scire facias shall specify the amount claimed on each
house, and it shall and may be lawful for any party in
interest upon the return of the said writ of scire facias
to apply for and have as many cases docketed as there
are houses proceeded against, and that separate judg-
ments shall and may be entered against each of the said
houses, and the same proceedings shall be bad as would
have taken place if separate liens had been filed.
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CHAP. 181.
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SEC. 9. And be it enacted, That whenever it shall be
made manifest to the court by any persons concerned
that a sale of the premises upon which claims shall be
filed miller and by virtue of the original act of assembly
to which this is a supplement, and of the supplements
thereto, will not probably realize a sufficient sum of mo-
ney to satisfy all liens and incumbrances upon it, that in
such case it shall be the duty of the court to pass an
order which shall be entered on the mechanics lien dock-
et, appointing a trustee to make sale of the said premi-
ses, and out of the proceeds first to pay all prior liens
and incumbrances, it any there be, secondly the expen-
ses of sale and legal costs growing out of such proceed-
ings, and such commissions as the court may think pro-
per to allow to the trustee, and lastly all claims and
liens upon the property filed under and by virtue of the
original act and its supplements, to which this is a sup-
ment, which shall have been adjudged correct and
proper by the court, and in case there should not be
a sufficient sum to satisfy all the claims last aforesaid,
then to divide said sum, whatever it may be, rateably
among said lien creditors who have recorded judgment
oh the last aforesaid claims, said trustee first giving bond,
and proceeding in the same manner as trustees appointed
by a court of equity to make sales under decrees or
mortgages.
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Court may
order sale.
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